《中华人民共和国出境入境管理法》英文版
Order of thePresident of the People’s Republic of China
No. 57
The Exit and Entry AdministrationLaw of the People’s Republic of China，adopted at the 27thmeeting of the Standing Committee of the Eleventh National People’s Congress ofthe People’s Republic of China on June 30, 2012, and is hereby promulgated andshall come into force as of July 1, 2013.
HuJintao
President of thePeople’s Republic of China
June30, 2012
Exit and EntryAdministration Law of the People’s Republic of China
(Adopted at the 27th meeting of theStanding Committee of the Eleventh National People’s Congress on June 30, 2012)
Contents
Chapter I General Provisions
Chapter II Exit and Entry of ChineseCitizens
Chapter III Entry and Exit ofForeigners
Section 1 Visa
Section 2 Entry and Exit
Chapter IV Stay and Residence ofForeigners
Section 1 Stay andResidence
Section 2 PermanentResidence
Chapter V Border Inspection of Transport Vehicles Exiting/Entering China
Chapter VI Investigation andRepatriation
Chapter VII Legal Liabilities
Chapter VIII SupplementaryProvisions
Chapter I GeneralProvisions
Article 1 In order to regulate exit/entry administration, safeguard the sovereignty, security and social order ofthe People’s Republic of China, and promote foreign exchanges and opening tothe outside world, this Law is hereby formulated.
Article 2 This Law is applicable tothe administration of exit and entry of Chinese citizens, entry and exit offoreigners, stay and residence of foreigners in China, and the exit/entryborder inspection of transport vehicles.
Article 3 The State protects Chinesecitizens’ legitimate rights and interests of exiting and entering the country.
The legitimate rights and interestsof foreigners in China shall be protected by laws. Foreigners in China shall abide by the Chinese laws, and shall not endanger China’s national security, harm publicinterests and disrupt social and public order.
Article 4 The Ministry of PublicSecurity and the Ministry of Foreign Affairs shall, within the scope of theirrespective responsibilities, be responsible for administering exit/entryaffairs.
Embassies and consulates of thePeople’s Republic of China and other institutions stationed abroad entrusted bythe Ministry of Foreign Affairs (hereinafter referred to as “the visa-issuingauthorities abroad”) shall be responsible for issuance of entry visas toforeigners. Exit/entry border inspection authorities shall be responsible forcarrying out exit/entry border inspection. Public security organs under localpeople’s governments at or above the county level and their exit/entryadministrations shall be responsible for the administration of the stay andresidence of foreigners.
The Ministry of Public Security andthe Ministry of Foreign Affairs may, within the scope of their respectiveresponsibilities, entrust exit/entry administrations of public security organsor foreign affairs departments under local people’s governments at or above thecounty level to accept foreigners’ applications for entry, stay and residencein China.
In the administration of exit/entryaffairs, the Ministry of Public Security and the Ministry of Foreign Affairsshall strengthen communication and cooperation, cooperate closely with relevantdepartments under the State Council, and exercise functions and powers and bearliabilities within the scope of their respective responsibilities in accordancewith the law.
Article 5 The State shall establisha uniform exit/entry administration information platform to share informationamong relevant administrative departments.
Article 6 The State shall establishexit/entry border inspection authorities at the ports open to foreigncountries.
Chinese citizens, foreigners as wellas transport vehicles shall exit or enter China via the ports open to foreigncountries, or via the places approved by the State Council or by thedepartments authorized by the State Council under special circumstances.Personnel and transport vehicles that exit or enter China shall be subject toexit/entry border inspection.
Exit/entryborder inspection authorities shall be responsible for relevant administrationwork in the restricted zones of ports. On the basis of the need forsafeguarding national security and maintaining the order of exit/entryadministration, exit/entry border inspection authorities may conduct borderinspection on the belongings of the persons who exit or enter China. When necessary, exit/entry border inspection authorities may conduct borderinspection on the goods carried by transport vehicles that exit or enter China. However, exit/entry border inspection authorities shall notify the Customs of suchinspections.
Article 7 Upon approval by the StateCouncil, the Ministry of Public Security and the Ministry of Foreign Affairsmay, on the basis of the need for exit/entry administration, set forthregulations on the collection and keep of fingerprints and other biometricidentification information of the persons who exit or enter China.
Where foreign governments havespecial regulations on issuing visas to Chinese citizens or the exit/entryadministration of Chinese citizens, the Chinese government may, as the circumstancesrequire, take corresponding and equivalent measures.
Article 8 Departments andinstitutions that are responsible for the exit/entry administration shall takepractical measures, constantly improve service and administration, enforce lawsimpartially, provide convenient and efficient service and ensure the securityand conveyance of the exit/entry procedures.
Chapter II Exitand Entry of Chinese Citizens
Article 9 Chinese citizens who exitor enter China shall, in accordance with the law, apply for passports or othertravel documents.
Chinese citizens bound for othercountries or regions shall obtain visas or other entry permits from destinationcountries, unless the Chinese government has signed visa exemption agreementswith the governments of those countries, or otherwise stipulated by theMinistry of Public Security and the Ministry of Foreign Affairs.
Chinese citizens who exit or enter China as seamen or work on foreign ships shall apply for seamen’s certificates inaccordance with the law.
Article 10 Chinese citizens whotravel between the Mainland and the Hong Kong Special Administrative Region,between the Mainland and the Macao Special Administrative Region, and betweenthe Mainland and Taiwan Region, shall apply for exit/entry permits inaccordance with the law, and abide by the relevant provisions of this Law. Thespecific administrative measures shall be stipulated by the State Council.
Article 11 Chinese citizens who exitor enter China shall submit their exit/entry documents such as passports orother travel documents to the exit/entry border inspection authorities forexamination, go through the prescribed formalities, and may exit or enter uponexamination and approval.
For ports that meet relevantconditions, exit/entry border inspection authorities shall provide conveniencesuch as special lanes for the exit and entry of Chinese citizens.
Article 12 Under any of thefollowing circumstances, Chinese citizens are not allowed to exit China:
(1) Hold no valid exit/entrydocuments, or refuse or evade border inspection;
(2) Are sentenced to criminalpunishments, the execution of which have not been completed, or are suspects ordefendants in criminal cases;
(3) Are involved in unsettled civilcases and not allowed to exit China upon decision of the people’s courts;
(4) Are subject to criminalpunishment for impairing border administration, or are repatriated by othercountries or regions due to illegal exit from China, illegal residence orillegal employment, and the No-Exit-from-China period has not expired;
(5) May endanger national securityor interests, and are not allowed to exit China upon decision by competentdepartments under the State Council; or
(6) Other circumstances in whichexit from China is not allowed in accordance with laws or administrativeregulations.
Article 13 Chinese citizens residingabroad who desire to return to China for permanent residence shall, prior tothe entry, file applications with Chinese embassies or consulates or otherinstitutions stationed abroad entrusted by the Ministry of Foreign Affairs.They may also file such applications to the overseas Chinese affairsdepartments under the local people’s governments at or above the county levelof the proposed places of permanent residence on their own or via theirrelatives in China.
Article 14 When handling financialaffairs or affairs involving education, medical treatment, transportation,telecommunications, social insurance or property registration, where identitycertificates are required, Chinese citizens residing abroad may provide theirpassports for proof of identity.
Chapter III Entryand Exit of Foreigners
Section 1 Visa
Article 15 In order to entering China, foreigners shall apply to the visa-issuing authorities stationed abroad for a visa,except as otherwise provided for in this Law.
Article 16 Visas are categorized asdiplomatic visa, courtesy visa, official visa and ordinary visa.
Diplomatic or official visas shallbe issued to foreigners who enter China for diplomatic or official reasons; andcourtesy visas shall be issued to foreigners who are given courtesy due totheir special status. The scope and measures for issuing diplomatic, courtesyand official visas shall be stipulated by the Ministry of Foreign Affairs.
Appropriate types of ordinary visa shallbe issued to foreigners who enter China due to non-diplomatic or officialreasons including work, study, family visit, travel, business activities andtalent introduction. The types of ordinary visa and relevant issuance measuresshall be stipulated by the State Council.
Article 17 The registered items of avisa shall include visa type, name, sex, date of birth, number of allowedentries, validity period of entry and duration of stay of the holder, date andplace of issuance, as well as passport number or other international traveldocuments number.
Article 18 Foreigners who apply forvisas shall submit their passports or other international travel documents, aswell as information of specific application matters, to the visa-issuingauthorities stationed abroad. They shall go through relevant formalities andaccept interviews in accordance with the requirements of the visa-issuingauthorities stationed abroad.
Article 19 Where foreigners applyingfor visas need to provide written invitations issued by entities or individualswithin China, the applicants shall provide such invitations in accordance withthe requirements of the visa-issuing authorities abroad. Entities orindividuals that issue written invitations shall be liable for the fidelity ofthe contents.
Article 20 Foreigners who need toenter China urgently for humanitarian reasons, or are invited to enter Chinafor urgent business or rush repair work, or have other urgent needs, and holdmaterials that prove the competent departments’ approval of their applying forvisas at port, may apply for port visas with the visa-issuing authoritiesentrusted by the Ministry of Public Security at the ports (hereinafter referredto as “port visa authorities”) which are approved to issue port visas by theState Council.
Travel agencies that organizeinbound tourism in accordance with relevant State regulations may apply forgroup tourist visas from port visa authorities.
Foreigners who apply to port visaauthorities for visas shall submit their passports or other internationaltravel documents, as well as relevant information of specific applicationmatters. They shall go through relevant formalities in accordance with therequirements of the port visa authorities, and enter China at the ports wherethey apply for visas.
Visas issued by port visaauthorities shall be single entry and the duration of stay shall not exceed 30days.
Article 21 Under any of thefollowing circumstances, visas shall not be issued to foreigners:
(1) Was deported, or was repatriatedupon decision, and the No-Entry-into-China period has not expired;
(2) Is suffering from serious mentaldisorders, infectious tuberculosis or other infectious diseases that mayseverely jeopardize the public health;
(3) May endanger China’s national security or interests, or disrupt social and public order, or engage inother illegal or criminal activities;
(4) Resort to fraudulent acts invisa application or cannot guarantee expected expenditures during their stay in China;
(5) Fail to submit relevant informationrequired by the visa-issuing authorities; or
(6) Other circumstances in whichvisa authorities consider a visa should not be issued.
The visa-issuing authorities are notrequired to give reasons for refusing the issuance of a visa.
Article 22 Under any of thefollowing circumstances, foreigners may be exempt from applying for visas:
(1) So exempted based on the visaexemption agreements signed by the Chinese government with the governments ofother countries;
(2) Hold valid foreigners’ residencepermits;
(3) Hold connected passenger ticketsand are in transit to a third country or region by an international aircraft,ship or train via China, will stay for not more than 24 hours in China withoutleaving the port of entry, or will stay in the specific zones approved by theState Council within the prescribed time limit; or
(4) Other circumstances stipulatedby the State Council in which visas may be exempted.
Article 23 Where foreigners underany of the following circumstances need to enter China temporarily, they shallapply to exit/entry border inspection agencies for going through theformalities for temporary entry:
(1) Foreign seamen and theiraccompanying family members disembark at cities where the ports are located;
(2) Persons specified inSubparagraph (3) of Article 22 of this Law need to leave ports; or
(3) Foreigners need to enter China temporarily due to force majeure or for any other urgent reason.
The duration of stay for temporaryentry shall not exceed 15 days.
For foreigners who apply for goingthrough the formalities for temporary entry, exit/entry border inspectionauthorities may require such foreigners, the persons in charge of the transportvehicles used for such foreigners’ entry or the agencies handling theexit/entry business for transport vehicles to provide necessary guarantymeasures.
Section 2 Entry and Exit
Article 24 Foreigners who enter China shall submit their passports, other international travel documents, visas or otherentry permits to the exit/entry border inspection authorities for examination,go through the prescribed formalities, and may enter upon examination andapproval.
Article 25 Under any of thefollowing circumstances, foreigners shall not be allowed to enter China:
(1) Hold no valid exit/entrydocuments, or refuse or evade border inspection;
(2) Are involved in any of thecircumstances specified in Subparagraph (1) through (4) of the first paragraphof Article 21 of this Law;
(3) May engage in activities notconform to the types of visa after entering China; or
(4) Other circumstances in whichentry is not allowed in accordance with laws or administrative regulations.
Exit/entry border inspectionauthorities are not required to give reasons for denying an entry.
Article 26 Exit/entry borderinspection authorities shall order foreigners who are denied entry in China to return, and shall force the return of those who refuse to do so. While waiting forreturn, those foreigners shall not leave the restricted zones.
Article 27 Foreigners who exit China shall submit their exit/entry documents including passports or other internationaltravel documents to the exit/entry border inspection authorities forexamination, go through prescribed formalities, and may exit upon examinationand approval.
Article 28 Under any of thefollowing circumstances, foreigners shall not be allowed to exit China:
(1) Are sentenced to criminalpunishments, the execution of which are not completed, or suspects ordefendants in criminal cases, except those who are sentenced and transferredunder relevant agreements between China and foreign countries;
(2) Are involved in unsettled civilcases and are not allowed to exit China upon decision of the people’s courts;
(3) Are in arrears of paying offlabor remuneration and therefore are not allowed to exit by decision of therelevant departments under the State Council or of the people’s governments ofprovinces, autonomous regions or municipalities directly under the CentralGovernment; or
(4) Other circumstances in whichexit shall not be allowed in accordance with laws or administrativeregulations.
Chapter IV Stayand Residence of Foreigners
Section 1 Stay and Residence
Article 29 Where the duration ofstay specified in a visa held by a foreigner does not exceed 180 days, theholder may stay in China within the duration specified therein.
Where the duration of stay needs tobe extended, the visa holder shall file an application with the exit/entryadministration of public security organ under the local people’s government ator above the county level in the place of his stay seven days prior to theexpiry of the duration specified in the visa, and shall submit information ofspecific application matters in accordance with relevant requirements. If uponexamination, the reasons for extension are appropriate and sufficient, suchextension shall be granted; if an extension is denied, the foreigner shallleave China on the expiry of the duration.
The accumulated length of extensionshall not exceed the original duration of stay specified in the visa.
Article 30 Where visas held byforeigners specify that foreigners need to apply for residence permits afterentry, such foreigners shall, within 30 days from the date of their entry,apply to the exit/entry administrations of public security organs under localpeople’s governments at or above the county level in the proposed places ofresidence for foreigners’ residence permits.
Applicants for foreigners’ residencepermits shall submit their passports or other international travel documents,as well as relevant information of specific application matters, and providebiometric identification information such as fingerprints. The exit/entry administrationsof public security organs shall, within 15 days upon the date of receipt,conduct examination and make a decision thereupon. Based on the purpose ofresidence, those administrations shall issue the appropriate types offoreigners’ residence permits with the duration.
The validity period of a foreigner’swork-type residence permit shall be 90 days at the minimum and five years atthe maximum; and the validity period of a non-work-type foreigner’s residencepermit shall be 180 days at the minimum and five years at the maximum.
Article 31 Under any of thefollowing circumstances, a foreigner’s residence permit shall not be issued:
(1) The visa held does not belong tothe type for which a foreigner’s residence permit should be issued;
(2) Resorts to fraudulent acts inapplication;
(3) Fails to provide relevantsupporting materials in accordance with relevant regulations;
(4) Is not eligible to reside in China because of violation of relevant Chinese laws or administrative regulations; or
(5) Other circumstances in which theissuing authority considers a foreigner’s residence permit should not beissued.
Foreigners with expertise andforeign investors who conform to relevant State regulations or foreigners whoneed to change their status from stay to residence for humanitarian or otherreasons, may undergo the formalities for obtaining foreigner’s residencepermits upon approval by the exit/entry administrations of public securityorgans under local people’s governments at or above the city with districts.
Article 32 Foreigners residing inChina who apply for the extension of the duration of residence shall, within 30days prior to the expiry of the validity period on their residence permits,file applications with the exit/entry administrations of public security organsunder local people’s governments at or above the county level, and submitrelevant information of specific application matters in accordance withrelevant requirements. If upon examination, the reasons for extension areappropriate and sufficient, an extension shall be granted; if an extension isdenied, the foreigner concerned shall leave China on the expiry of the validityperiod specified in their residence permits.
Article 33 The registered items of aforeign residence permit shall include name, sex, date of birth, reason forresidence and duration of residence of the holder, date and place of issuance,passport number or other international travel documents number.
Where the registered item in aforeigner’s residence permit has changed, the holder shall, within 10 days fromthe date of change, apply to the exit/entry administration of public securityorgan under the local people’s government at or above the county level in theplace of residence for going through the formalities for alteration.
Article 34 Where visa-exemptforeigners need to stay in China longer than the visa-free period, or foreignseamen and their accompanying family members need to leave the cities where theports are located, or under other circumstances in which foreigners’ staypermits should be applied for, they shall apply for such permits in accordancewith relevant regulations.
The maximum validity period of aforeigner’s stay permit shall be 180 days.
Article 35 Where ordinary visas,stay or residence permits held by foreigners need to be reissued due to damage,loss, theft, robbery or other reasons in compliance with relevant Stateregulations after foreigners enter China, those foreigners shall apply for areissue with the exit/entry administrations of public security organs underlocal people’s governments at or above the county level in the places of stayor residence in accordance with relevant regulations.
Article 36 Decisions made by theexit/entry administration of public security organ on rejecting applicationsfor visa extension or reissuance, or on not issuing foreigners’ stay orresidence permits or not extending the duration of residence shall be final.
Article 37 Foreigners who stay orreside in China shall not engage in activities not corresponding to the purposeof stay or residence, and shall leave China prior to the expiry of theprescribed duration of stay or residence.
Article 38 Foreigners having reachedthe age of 16 who stay or reside in China shall carry with them their passportsor other international travel documents, or foreigners’ stay or residencepermits, and accept the inspection of public security organs.
Foreigners who reside in China shall, within the prescribed time limit, submit foreigners’ residence permits topublic security organs under local people’s governments at or above the countylevel in the places of residence for examination.
Article 39 Where foreigners stay inhotels in China, the hotels shall register their accommodation in accordancewith the regulations on the public security administration of the hotelindustry, and submit foreigners’ accommodation registration information to thepublic security organs in the places where the hotels are located.
For foreigners who reside or stay indomiciles other than hotels, they or the persons who accommodate them shall,within 24 hours after the foreigners’ arrival, go through the registrationformalities with the public security organs in the places of residence.
Article 40 For foreign infants bornin China, their parents or agents shall, within 60 days after they are born, onthe strength of the birth certificates, go through the formalities for stay orresidence registration for them with the exit/entry administrations of publicsecurity organs under people’s governments at or above the county level in theplaces of their parents’ stay or residence.
For foreigners who decease in China,their relatives, guardians or agents shall, in accordance with relevantregulations, on the strength of the death certificates, report their death tothe exit/entry administrations of the public security organs under localpeople’s governments at or above the county level to cancel their stay orresidence permits.
Article 41 Foreigners who work in China shall obtain work permits and work-type residence permits in accordance with relevantregulations. No entities or individuals shall employ foreigners who have nowork permits or work-type residence permits.
The administrative measures forforeigners working in China shall be stipulated by the State Council.
Article 42 The competent departmentof human resources and social security and the competent department in chargeof foreign experts affairs under the State Council shall, in conjunction withrelevant departments under the State Council, formulate and regularly adjustthe guiding catalogue for foreigners working in China based on the needs foreconomic and social development as well as the supply and demand of humanresources.
The competent department ofeducation under the State Council shall, in conjunction with relevantdepartments under the State Council, establish an administrative system forforeign students working to support their study in China and set forthregulations on the scope of jobs and the limit of work time for such foreignstudents.
Article 43 Any of the following actsof foreigners shall be deemed unlawful employment:
(1) Work in China without obtaining work permits or work-type residence permits in accordance withrelevant regulations;
(2) Work in China beyond the scope prescribed in the work permits; or
(3) Foreign students work inviolation of the regulations on the administration of foreign students workingto support their study in China and work beyond the prescribed scope of jobs orprescribed time limit.
Article 44 On the basis of the needfor maintaining national security and public security, public security organsand national security organs may impose restrictions on foreigners and foreigninstitutions from establishing places of residence or work in certain areas;and may order that established places of residence or work be relocated withina prescribed time limit.
Without approval, foreigners shallnot access foreigner-restricted areas.
Article 45 Entities that employforeigners or enroll foreign students shall report relevant information tolocal public security organs in accordance with relevant regulations.
Citizens, legal persons or otherorganizations who find foreigners illegal enter, reside or work in China shall duly report such matter to the local public security organs.
Article 46 Foreigners applying forrefugee status may, during the screening process, stay in China on the strengthof temporary identity certificates issued by public security organs; foreignerswho are recognized as refugees may stay or reside in China on the strength ofrefugee identity certificates issued by public security organs.
Section 2 Permanent Residence
Article 47 Foreigners who have maderemarkable contribution to China’s economic and social development or meetother conditions for permanent residence in China may obtain permanentresidence status upon application approved by the Ministry of Public Security.
Theadministrative measures for examination and approval of foreigners’ permanentresidence in China shall be stipulated by the Ministry of Public Security andthe Ministry of Foreign Affairs in conjunction with relevant departments underthe State Council.
Article 48 Foreigners who haveobtained permanent residence status may reside or work in China on the strength of permanent residence permits, and exit or enter China on the strength oftheir passports and permanent residence permits.
Article 49 Where foreigners fall underany of the following circumstances, the Ministry of Public Security shalldecide to cancel their permanent residence status in China:
(1) Endanger China’s national security or interests;
(2) Are deported;
(3) Obtain permanent residencestatus in China by fraudulent acts;
(4) Fail to reside in China for the prescribed time limit; or
(5) Other circumstances in whichforeigners are not eligible to reside in China permanently.
Chapter V BorderInspection of Transport Vehicles
Exiting/Entering China
Article 50 Transport vehicles thatexit or enter China shall be subject to border inspection when leaving orarriving at ports. Border inspection of entering transport vehicles shall beconducted at the first arriving port in China; border inspection of exitingtransport vehicles shall be conducted at the last port when they leave China. Under special circumstances, border inspection may be conducted in places designatedby competent authorities.
Without the permission of exit/entryborder inspection authorities in accordance with prescribed procedures,transport vehicles that exit China shall not embark or disembark passengers, orload and unload goods or articles between exit inspection and exit, and norshall transport vehicles that enter China do so between entry and entryinspection.
Article 51 Persons in charge oftransport vehicles or agencies handling the exit/entry business for transportvehicles shall, in accordance with relevant regulations, report to theexit/entry border inspection authorities in advance on the entering or exitingtransport vehicles’ time of arrival at or departure from the port and theplaces of stay, and truthfully declare information including staff, passengers,goods and articles.
Article 52 Persons in charge oftransport vehicles or agencies handling the exit/entry business for transportvehicles shall provide cooperation in exit/entry border inspection, and shallimmediately report any violations of this Law found thereby and give assistancein the investigation and handling of such violations.
Where transport vehicles that enter China carry persons who are not allowed to enter China, the persons in charge of the transportvehicles shall be responsible for their leaving.
Article 53 Exit/entry borderinspection authorities shall supervise transport vehicles that exit or enter China under any of the following circumstances:
(1) Between exit border inspectionand exit for transport vehicles that exit China, and between entry and entryborder inspection for transport vehicles that enter China;
(2) When foreign ships navigate in China’s inland waters; or
(3) Other circumstances in whichsupervision is necessary.
Article 54 Persons who need toembark on or disembark from foreign ships for reasons such as goods loading orunloading, maintenance operations or visit shall apply to exit/entry borderinspection authorities for boarding pass.
Where a Chinese ship needs to berthalongside a foreign ship, or a foreign ship needs to berth alongside anotherforeign ship, the captain or the agency handling the exit/entry business forrelevant transport vehicles shall apply to the exit/entry border inspectionauthority for going through formalities for berth.
Article 55 Foreign ships andaircrafts shall navigate according to prescribed routes.
Ships and aircrafts that exit orenter China shall not access areas outside the ports open to foreign countries.The aforesaid ships or aircrafts that access such areas due to unforeseeableemergencies or force majeure shall immediately report to the nearest exit/entryborder inspection authority or local public security organ, and acceptsupervision and administration.
Article 56 Under any of thefollowing circumstances, transport vehicles shall be not allowed to exit orenter China; those that have left ports may be ordered to return:
(1) Exit or enter China without examination and approval when leaving or arriving at port;
(2) Change the port of exit or entrywithout approval;
(3) Are suspected of carryingpersons who are not allowed to exit or enter China and therefore need to beinspected and verified;
(4) Are suspected of carryingarticles endangering national security or interests or disrupting social orpublic order and therefore need to be inspected and verified; or
(5) Other circumstances in whichtransport vehicles refuse to subject themselves to exit/entry border inspectionauthorities’ administration.
After the circumstances specified inthe preceding paragraph disappear, exit/entry border inspection authoritiesshall immediately release relevant transport vehicles.
Article 57 Agencies handling theexit/entry business for transport vehicles shall file records with exit/entryborder inspection authorities. For agents engaging in such a business, theentities they work for shall file relevant records for them with exit/entryborder inspection authorities.
Chapter VI Investigationand Repatriation
Article 58 Measures for on-the-spotinterrogation, continued interrogation, detention for investigation, movementrestriction and repatriation prescribed in this Chapter shall be enforced bypublic security organs under local people’s governments at or above the countylevel or by exit/entry border inspection authorities.
Article59 Persons suspected of violating the regulations on exit/entry administrationmay be interrogated on the spot; upon on-the-spot interrogation, the aforesaidpersons may be interrogated in continuation in accordance with the law underany of the following circumstances:
(1) Are suspected of illegallyexiting or entering China;
(2) Are suspected of assistingothers in illegally exiting or entering China;
(3) Are foreigners suspected ofillegally residing or working in China; or
(4) Are suspected of endangeringnational security or interests, disrupting social or public order, or engagingin other illegal or criminal activities.
On-the-spot interrogation andcontinued interrogation shall be conducted in accordance with the proceduresprescribed in the People’s Police Law of the People’s Republic of China.
Where public security organs underlocal people’s governments at or above the county level or exit/entry borderinspection authorities need to summon the persons suspected of violating theregulations on exit/entry administration, they shall handle the matter inaccordance with the relevant regulations of the Law of the People’s Republic ofChina on Penalties for Administration of Public Security.
Article 60 Where foreigners involvedin any of the circumstances specified in the first paragraph of Article 59 ofthis Law cannot be cleared of suspicion after on-the-spot interrogation orcontinued interrogation and therefore need to be further investigated, he maybe detained for investigation.
When detaining a foreigner forinvestigation, the authority concerned shall present a written decision ondetention for investigation and shall interrogate the detained foreigner within24 hours. Where the aforesaid organ finds that a foreigner should not bedetained for investigation, it shall immediately release him from detention forinvestigation.
The period of detention forinvestigation shall not exceed 30 days; for complicated cases, the period maybe extended to 60 days upon approval by the public security organs under thelocal people’s governments at the next higher level or by the exit/entry borderinspection authorities at the next higher level. For foreigners whosenationalities and identities are unknown, the period of detention forinvestigation shall be calculated from the date when their nationalities andidentities are found out.
Article 61 Under any of thefollowing circumstances, detention for investigation is not applicable toforeigners, however, their movements may be restricted:
(1) Suffer from serious diseases;
(2) Are pregnant or breast-feedingtheir own infants under one year of age;
(3) Are under 16 years of age orhave reached the age of 70; or
(4) Other circumstances in whichdetention for investigation should not be applied.
Foreigners whose movements arerestricted shall subject themselves to investigation as required, and shall notleave the restricted zones without approval of public security organs. Theperiod of movement restriction shall not exceed 60 days. For foreigners whosenationalities and identities are unknown, the period of movement restrictionshall be calculated from the date when their nationalities and identities arefound out.
Article 62 Under any of thefollowing circumstances, foreigners may be repatriated:
(1) Are ordered to exit China within a prescribed time limit but fail to do so;
(2) Are involved in circumstances inwhich they are not allowed to enter China;
(3) Illegally reside or work in China; or
(4) Need to be repatriated forviolation of this Law or other laws or administrative regulations.
Other overseas personnel who fallunder any of the circumstances prescribed in the preceding paragraph may berepatriated in accordance with the law.
Repatriated persons shall not beallowed to enter China for one to five years, calculating from the date ofrepatriation.
Article 63 Persons who are detainedfor investigation or who are to be repatriated upon decision but cannot berepatriated promptly shall be held in custody in detention houses or places ofrepatriation.
Article 64 Foreigners dissatisfiedwith the measure imposed on them in accordance with this Law, such as continuedinterrogation, detention for investigation, movement restriction orrepatriation, may apply for administrative reconsideration in accordance withthe law, and the administrative reconsideration decision shall be final.
Where other overseas personneldissatisfied with the decision of repatriation imposed on them in accordancewith this Law apply for administrative reconsideration, the provisions in thepreceding paragraph are applicable.
Article 65 Where persons are notallowed to exit or enter China upon decisions made in accordance with the law,the decision-making authorities shall duly inform the exit/entry borderinspection authorities of such decisions in accordance with relevantregulations; where the circumstances in which the persons are not allowed toexit or enter China disappear, the decision-making authorities shall dulycancel the aforesaid decisions and inform exit/entry border inspectionauthorities of the cancellation.
Article 66 On the basis of the needfor safeguarding national security and maintaining the order of exit/entryadministration, exit/entry border inspection authorities may, when necessary,search the persons entering and exiting the country. Personal Search shall beconducted by two border inspectors who are the same sex as the persons subjectto the search.
Article 67 In such cases that the exit/entry documents such as visas or foreigners’ stay or residence permits are damaged, lost or stolen, or that after the issuance of such documents, theholders are found not eligible for being issued such documents, the issuingauthorities shall declare the aforesaid documents void.
Exit/entry documents which areforged, altered, obtained by fraudulent means or are declared void by issuingauthorities shall be invalid.
Public security organs may cancel orconfiscate the exit/entry documents prescribed in the preceding paragraph orused fraudulently by persons other than the specified holders.
Article 68 Public security organsmay seize the transport vehicles used to organize, transport or assist othersin illegally exiting or entering China as well as the articles needed asevidence in handling the cases.
Public security organs shall seizebanned articles, documents and data involving state secrets, as well as toolsused in activities violating the regulations on exit/entry administration, andhandle them in accordance with relevant laws or administrative regulations.
Article 69 The authenticity ofexit/entry documents shall be determined by the issuing authorities, theexit/entry border inspection authorities or the exit/entry administrations ofpublic security organs.
Chapter VII LegalLiabilities
Article 70 Unless otherwise providedfor in this Chapter, the administrative penalties prescribed in this Chaptershall be decided by the public security organs under local people’s governmentsat or above the county level or the exit/entry border inspection authorities.Penalties involving the imposition of warnings or fines of not more than RMB5,000 yuan may be decided by the exit/entry administrations of public securityorgans under local people’s governments at or above the county level.
Article 71 Persons who commit any ofthe following acts shall be fined not less than RMB 1,000 yuan but not morethan RMB 5,000 yuan; where circumstances are serious, such persons shall bedetained for not less than five days but not more ten days and may also befined not less than RMB 2,000 yuan but not more than RMB 10,000 yuan.
(1) Exit or enter China with forged, altered or fraudulently obtained exit/entry documents;
(2) Exit or enter China using others’ exit/entry documents;
(3) Evade exit/entry borderinspection; or
(4) Illegally exit or enter China in any other way.
Article 72 Persons who assist othersin illegally exiting or entering China shall be fined not less than RMB 2,000yuan but not more than RMB 10,000 yuan; where circumstances are serious, theyshall be detained for not less than 10 days but not more than 15 days and shallalso be fined not less than RMB 5,000 yuan but not more than RMB 20,000 yuan,and the illegal gains, if any, shall be confiscated.
Entities engaging in any of the actsprescribed in the preceding paragraph shall be fined not less than RMB 10,000yuan but not more than RMB 50,000 yuan, with the illegal gains confiscated ifthere are any; and the persons in charge of the entities who are directlyresponsible and other persons directly responsible shall be punished inaccordance with the provisions in the preceding paragraph.
Article 73 Persons who obtainexit/entry documents such as visas or stay or residence permits by resorting tofraudulent acts shall be fined not less than RMB 2,000 yuan but not more thanRMB 5,000 yuan; where circumstances are serious, they shall be detained for notless than 10 days but not more than 15 days and shall also be fined not lessthan RMB 5,000 yuan but not more than RMB 20,000 yuan.
Entities engaging in any of the actsprescribed in the preceding paragraph shall be fined not less than RMB 10,000yuan but not more than RMB 50,000 yuan; and the persons in charge of theentities who are directly responsible and other persons directly responsibleshall be punished in accordance with the provisions in the preceding paragraph.
Article 74 Persons who issue writteninvitations or other application materials to foreigners in violation of thisLaw shall be fined not less than RMB 5,000 yuan but not more than RMB 10,000 yuan,with the illegal gains confiscated if there are any, and shall also be orderedto bear exit expenses of the invited foreigners.
Entities engaging in any of the actsprescribed in the preceding paragraph shall be fined not less than RMB 10,000yuan but not more than RMB 50,000 yuan, with the illegal gains confiscated ifthere are any, and shall also be ordered to bear exit expenses of the invitedforeigners; the persons in charge of the entities who are directly responsibleand other persons directly responsible shall be punished in accordance with theprovisions in the preceding paragraph.
Article 75 Where Chinese citizensare repatriated due to illegally going to other countries or regions afterexiting China, exit/entry border inspection authorities shall confiscate theirexit/entry documents. Exit/entry document issuing authorities shall refuse toissue new exit/entry documents to such citizens for a period ranging from sixmonths to three years calculating from the date of their repatriation.
Article 76 Under any of thefollowing circumstances, a warning shall be given, and a fine of not more thanRMB 2,000 yuan may also be imposed:
(1) Foreigners refuse to acceptexamination of their exit/entry documents by public security organs;
(2) Foreigners refuse to submittheir residence permits for examination;
(3) Persons concerned fail to gothrough the formalities for foreigners’ birth registration or death declarationin accordance with relevant regulations;
(4) Foreigners fail to go throughthe formalities for altering registration in accordance with the relevantregulations when there is any change in the registered items in their residencepermits;
(5) Foreigners in China use others’ exit/entry documents; or
(6) Persons concerned fail to gothrough registration formalities in accordance with the provisions in thesecond paragraph of Article 39 of this Law.
Hotels that fail to processaccommodation registration for foreigners shall be punished in accordance withthe relevant provisions of the Law of the People’s Republic of China onPenalties for Administration of Public Security; hotels that fail to submitforeigners’ accommodation registration information to public security organsshall be given a warning; where circumstances are serious, such hotels shall befined not less than RMB 1,000 yuan but not more than RMB 5,000 yuan.
Article 77 Foreigners accessingforeigner-restricted areas without approval shall be ordered to leave promptly;where circumstances are serious, such foreigners shall be detained for not lessthan five days but not more than ten days. The text records, audio-visual data,electronic data and other articles illegally obtained thereof by the foreignersshall be confiscated or destroyed, and the tools used for the aforementionedpurposes shall be confiscated.
Foreigners or foreign institutionsrefusing to execute decisions made by public security organs or nationalsecurity organs ordering them to relocate within a prescribed time limit shallbe given a warning and be relocated mandatorily; where circumstances areserious, relevant responsible persons shall be detained for not less than fivedays but not more than fifteen days.
Article 78 Foreigners who reside in China illegally shall be given a warning; where circumstances are serious, they shall beimposed with a fine of RMB 500 yuan per day, with a cap of RMB 10,000 yuan intotal, or be detained for not less than five days but not more than 15 days.
Where guardians or other personsresponsible for guardianship fail to perform the guardian obligation and resultin foreigners below 16 years of age residing in China illegally, the saidguardians or other obligated persons shall be given a warning and may also befined not more than RMB 1,000 yuan.
Article 79 Persons harboring orhiding foreigners who illegally enter or reside in China, or assisting suchforeigners in evading inspection, or providing, in violation of the law,exit/entry documents for foreigners who illegally reside in China shall befined not less than RMB 2,000 yuan but not more than RMB 10,000 yuan; wherecircumstances are serious, such persons shall be detained for not less thanfive days but not more than fifteen days and shall also be fined not less thanRMB 5,000 yuan but not more than RMB 20,000 yuan, with the illegal gainsconfiscated if there are any.
Entities engaging in any of the actsprescribed in the preceding paragraph shall be fined not less than RMB 10,000yuan but not more than RMB 50,000 yuan, with the illegal gains confiscated ifthere are any; and the persons in charge of the entities who are directlyresponsible and other persons directly responsible shall be punished inaccordance with the provisions in the preceding paragraph.
Article 80 Foreigners who work inChina illegally shall be fined not less than RMB 5,000 but not more than RMB20,000 yuan; where circumstances are serious, they shall be detained for notless than five days but not more than fifteen days and shall also be fined notless than RMB 5,000 yuan but not more than RMB 20,000 yuan.
Persons who introduce jobs toineligible foreigners shall be fined RMB 5,000 yuan for each job illegallyintroduced to one foreigner, with a cap of not more than RMB 50,000 yuan intotal; and entities that introduce jobs to ineligible foreigners shall be finedRMB 5,000 yuan for each job illegally introduced to one foreigner, with a capof RMB 100,000 yuan in total; and the illegal gains, if any, shall beconfiscated.
Individuals or entities thatillegally employ foreigners shall be fined RMB 10,000 yuan for each illegallyemployed foreigner, with a cap of RMB 100,000 yuan in total; and the illegalgains, if any, shall be confiscated.
Article 81 Where foreigners engagein activities not corresponding to the purposes of stay or residence, orotherwise violate the laws or regulations of China, which makes them no longereligible to stay or reside in China, they may be ordered to exit China within atime limit.
Where a foreigner’s violation ofthis Law is serious but does not constitute a crime, the Ministry of PublicSecurity may deport them. The penalty decision made by the Ministry of PublicSecurity shall be final.
Deported foreigners shall not beallowed to enter China within 10 years calculating from the date of deportation.
Article 82 Under any of thefollowing circumstances, relevant persons shall be given a warning and may alsobe fined not more than RMB 2,000 yuan:
(1) Disrupt the administrative orderof the restricted zones of ports;
(2) Foreign seamen or theiraccompanying family members disembark without going through the formalities fortemporary entry; or
(3) Embark on or disembark fromforeign ships without obtaining boarding passes.
Persons who violate Subparagraph (1)of the preceding paragraph may be detained for not less than five days but notmore than ten days if the circumstances are serious.
Article 83 Where transport vehiclesfall under any of the following circumstances, the persons in charge of thetransport vehicles shall be fined not less than RMB 5,000 yuan but not morethan RMB 50,000 yuan:
(1) Exit or enter China without examination and approval, or change the ports of exit or entry withoutapproval;
(2) Fail to truthfully declareinformation of staff, passengers, goods or articles, or refuse to assist inexit/entry border inspection; or
(3) Embark or disembark passengers,or load or unload goods or articles in violation of the regulations onexit/entry border inspection.
Transport vehicles that exit orenter China carrying persons who are not allowed to exit or enter China shall be fined not less than RMB 5,000 yuan but not more than RMB 10,000 yuan foreach aforesaid person carried. Where the persons in charge of the transportvehicles prove that they have taken reasonable preventative measures, they maybe given mitigated penalties or be exempt from penalties.
Article 84 Where transport vehiclesfall under any of the following circumstances, the persons in charge of thetransport vehicles shall be fined not less than RMB 2,000 yuan but not morethan RMB 20,000 yuan:
(1) Chinese or foreign ships berthalongside foreign ships without approval;
(2) Foreign ships or aircrafts failto navigate according to the prescribed routes in China; or
(3) Ships and aircrafts that exit orenter China access areas outside the ports open to foreign countries.
Article 85 Where staff membersperforming the duty of exit/entry administration commit any of the followingacts, they shall be given disciplinary sanctions in accordance with the law:
(1) In violation of laws oradministrative regulations, issue exit/entry documents such as visas or stay orresidence permits to foreigners who do not meet the prescribed conditions;
(2) In violation of laws oradministrative regulations, examine and allow the exit or entry of persons ortransport vehicles that do not meet the prescribed conditions;
(3) Divulge personal informationgained in exit/entry administration work and infringing the legitimate rightsand interests of relevant parties;
(4) Fail to turn over in accordancewith relevant regulations to the State Treasury the fees, fines or illegalgains or property that are collected or confiscated in accordance with the law;
(5) Privately share, encroach on ormisappropriate the funds or articles confiscated or seized or the feescollected; or
(6) Other failures in performingstatutory duties in accordance with the law, such as abuse of power,dereliction of duty, or resorting to malpractice for personal gain.
Article 86 In the case of violation of regulations on exit/entry administration and that a fine of not more than RMB 500 yuan should be imposed, the exit/entry border inspection authoritiesmay make a penalty decision on the spot.
Article 87 Persons or entities thatare fined for violation of regulations on exit/entry administration shall paytheir fines in the designated banks within 15 days from the date of receivingthe written decision on penalty. Where it is difficult to collect fines after afine is imposed because the person or entity subject to penalty has no fixeddomicile in the place where the fine is imposed or it is difficult to pay fineto the designated bank at the port, the fine may be collected on the spot.
Article 88 Where a violation of thisLaw constitutes a crime, criminal liabilities shall be investigated inaccordance with the law.
Chapter VIII SupplementaryProvisions
Article 89 Definitions of thefollowing terms mentioned in this Law:
Exit refers to leaving the Chinesemainland for other countries or regions, for the Hong Kong SpecialAdministrative Region or the Macao Special Administrative Region, or for TaiwanRegion.
Entry refers to entering the Chinesemainland from other countries or regions, from the Hong Kong SpecialAdministrative Region or the Macao Special Administrative Region, or fromTaiwan Region.
Foreigners refer to persons withoutChinese nationality.
Article 90 Upon approval by theState Council, provinces and autonomous regions bordering on neighboringcountries may, in accordance with the boundary administration agreements signedby China with relevant countries, formulate local regulations or localgovernment rules to regulate the association of residents in border areas ofthe two countries.
Article 91 Where there are otherregulations on the administration of the entry/exit, stay or residence of themembers of foreign diplomatic and consular missions in China, or theentry/exit, stay or residence of other foreigners who enjoy diplomaticprivileges and immunities, these regulations shall prevail.
Article 92 Foreigners who apply forexit/entry documents such as visas or foreigner stay or residence permits orapply for document extension or alteration shall pay visa fees or document feesin accordance with relevant regulations.
Article 93 This Law shall come intoforce as of July 1, 2013. The Law of the People’s Republic of China on the Entry and Exit Administration of Foreigners and the Law of the People’s Republic of China on the Entry and Exit Administration of Chinese Citizens shall be annulledsimultaneously.
